Tag Archives: Article III

Standing Issues in Data Breach Litigation: An Overview

As many data breach litigation cases have demonstrated over recent years, the question of a plaintiff’s standing can be quite important to the outcome of each case.  While the Supreme Court has addressed standing issues in several cases with potential applicability in the data breach litigation context, most recently in Spokeo, Inc. v. Robins and … Continue Reading

Supreme Court Issues Highly Anticipated Spokeo Decision

The Supreme Court released its highly anticipated decision yesterday in Spokeo, Inc. v. Robins, which addresses whether plaintiffs have standing to pursue statutory damages even in the absence of actual harm under the Fair Credit Reporting Act (“FCRA”).  As we previously reported, the case was expected to have significant down-stream implications for standing in privacy … Continue Reading

Solicitor General Urges Supreme Court To Leave Spokeo Ruling In Place

In the closely-watched case of Spokeo, Inc. v Robins, the Solicitor General recently filed an amicus brief urging the Court to deny certiorari and leave in place the 9th Circuit’s holding, which could encourage the rising tide of privacy class action litigation.  The Solicitor General’s brief—coauthored by the Consumer Financial Protection Bureau—argued that the dissemination … Continue Reading

Supreme Court Nixes FISA Surveillance Suit on Standing Grounds

This week, in a 5-4 decision in Clapper et al. v. Amnesty International USA et al., the United States Supreme Court rejected two theories of Article III standing presented by a group of attorneys, human rights, labor, legal, and media organizations who sought a declaration that surveillance under section 1881a of the Foreign Intelligence Surveillance Act … Continue Reading

Low Case Against LinkedIn Dismissed In Its Entirety

Yesterday, deeming LinkedIn’s motion to dismiss suitable for decision without oral argument, Judge Koh of the U.S. District Court for the Northern District of California dismissed all eight claims in Low v. LinkedIn with prejudice, ending this litigation.  Covington successfully represented LinkedIn in this case, in which plaintiffs alleged that the purported transmittal to certain third … Continue Reading

Supreme Court Dismisses Edwards

By Mali Friedman and Simon Frankel With all eyes on the Affordable Care Act today, the United States Supreme Court also quietly dismissed a case that could have had a profound impact on a wide range of citizens’ rights litigation—First American Financial Corp. v. Edwards.  Stating only that the writ of certiorari had been “improvidently … Continue Reading

Federal Appeals Court: Risk of ID Theft Does Not Confer Standing for Data Breach Suit

Employees whose personal information might have been accessed in a data breach cannot sue the breached company in federal court based only on the possibility that the breach might lead to identity theft, a federal appeals court ruled Monday. The case, Reilly v. Ceridian Corporation, is a proposed class action brought by employees whose companies … Continue Reading

Webinar on the Evolving Nature of Privacy “Harm” Friday, December 16 (1-2:30 pm EST)

Class action lawsuits are increasingly being brought against organizations that have suffered data breaches, as well as against companies that are alleged to have allowed third parties access to online or mobile users’ confidential information without authorization (for example the recent Del Vecchio v. Amazon and Low v. LinkedIn cases).  A repeated issue in these … Continue Reading

Amazon Case Dismissed; No Adequate Facts Pled To Establish Plausible Harm

The United States District Court for the Western District of Seattle recently dismissed an online privacy case involving the alleged improper use of browser and Flash cookies in Del Vecchio v. Amazon.  Finding that the plaintiff “simply not plead adequate facts to establish any plausible harm,” this opinion follows closely on the heels of several … Continue Reading

In re iPhone Application Litigation Dismissed

Yesterday, Judge Lucy Koh of the U.S. District Court for the Northern District of California granted defendants’ motions to dismiss the consolidated, amended complaint in In re iPhone Application Litigation for lack of Article III standing, with leave to amend.  In finding lack of standing, the Court stated that plaintiffs’ allegations were “clearly insufficient” as … Continue Reading

For Now, RockYou Court Finds Standing Based on PII Disclosure

By Eric Bosset Judge Phyllis Hamilton of the U.S. District Court for the Northern District of California recently permitted a lawsuit arising out of a major data security breach suffered by social-media application developer RockYou to survive a motion to dismiss in part, based on the theory that plaintiff had  stated a “generalized injury” sufficient to maintain Article III standing—at least at the … Continue Reading

Starbucks Employees Affected By Data Breach Have Standing To Sue In Federal Court

Last week, the Ninth Circuit issued two opinions in connection with the theft of an unencrypted laptop that contained personal information about Starbucks employees.  First, the court held in a published opinion that Starbucks employees whose names, addresses and Social Security numbers were on the stolen computer could show that they had suffered enough injury … Continue Reading
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